Chapter II ESTABLISHMENT AND CONSTITUTION OF THE BOARD AND GOVERNING COUNCIL

The Government shall, by notification in the Official Gazette, establish for the purposes of this Act, a Board to be called "the Maharashtra State Board of Nursing and Paramedical Education".

The Board shall be a body corporate having perpetual succession and a common seal, and shall have power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act and may sue and be sued by its corporate name.

1. (1) The Board shall consist of-
   • (a) the Director of the Board as a Chairman : Provided that, till the appointment of the Director under section 6, the Director, Medical Education and Research, Maharashtra State shall hold the charge of the Chairman ;
   • (b) the State Nursing Superintendent as a Member ;
   • (c) the Registrar as a Member-Secretary ; and
   • (d) the Director, Board of Apprenticeship Training (Western Region), Government of India, Ministry of Human Resource Development ;
   • (e) the following members shall be nominated by the Government, namely :-
   • (A) one Principal from the Government Nursing Colleges in the State ;
   • (B) two members from amongst the Principals and Head of Institutions, one from Government Institution and another from the Municipal Corporation Institution and among these, at least one shall be a woman ;
   • (C) two members of whom one shall be from Nursing Teachers and one from Paramedical Teachers from the Government Diploma colleges or schools under the Directorate of Medical Education and Research and Directorate of Health Services ;
   • (D) one representative of each Region who shall have minimum qualification of Post Graduation in the Nursing or Paramedical Education field and minimum five years' experience in such field : Provided that, a person shall cease to hold office as a member of the Board, if such person ceases to hold the post, designation or office, as the case may be, by virtue of which such person is so appointed, and such person shall inform the Chairman of the Board, in writing, of his having so ceased to be the member of the Board, within a week therefrom.
2. (2) The names of the persons other than the ex-officio members, who have been nominated, from time to time, as the members of the Board shall be published by the Government in the Official Gazette.

1. (1) The Board shall have a Director, who shall be appointed by the Government from amongst the persons qualified to be appointed as the Director of Medical Education of the Government and his name shall be published by the Government in the Official Gazette.
2. (2) The Director shall hold office for a term of five years from the date of the publication of his name in the Official Gazette.
3. (3) Nothing in sub-section (2) shall affect the power of the Government to transfer, in the exigencies of public service, the Director to any other post under the Government during such term; and if the Director is superannuated in the service of the Government, he shall cease to be the Director, unless his services are extended or he is re-employed in the service of the Government and he is not transferred to some other post.
4. (4) The Government may, from time to time, extend the term of office of the Director of the Board, so, however, that the aggregate period of the term shall not exceed ten years.
5. (5) The Director shall be an employee of the Government, equivalent to the post of the Director of Medical Education of the Government and conditions of service and rules of recruitment of the Director shall remain same as that of the Director, Medical Education and Research.
6. (6) Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause, the Government may appoint another person holding equivalent post to be the Director.

1. (1) The members of the Board other than the ex officio members, shall hold office for a term of five years from the date on which their names are published in the Official Gazette.
2. (2) The term of office of the outgoing member shall extend to, and expire with, the day immediately preceding the date on which the names of their successors are published in the Official Gazette.
3. (3) The members other than the ex officio members shall be entitled to such compensatory allowances as may be determined by the regulations.

1. (1) The Government shall, by notification in the Official Gazette, establish the Governing Council which shall be an apex body to control and monitor the matters pertaining to Diploma Level Nursing and Paramedical Education and Examination at the State level.
2. (2) The Governing Council shall consist of the following, namely:- (i)The Minister for Medical Education, State of Maharashtra,...President.(ii)The Minister of State for Medical Education, State of Maharashtra,...Vice-President.(iii)The Secretary or Principal Secretary or Additional Chief Secretary, as the case may be, Medical Education and Drugs Department, Government of Maharashtra, ...Member.(iv)Joint Secretary or Deputy Secretary, Medical Education and Drugs Department, Government of Maharashtra,...Member.(v)Director of Medical Education and Research,...Member.(vi)Director of Health Services,...Member.(vii)Director of Ayurved,...Member.(viii)State Nursing Superintendent,...Member.(ix)Principal, Government Occupational and Physiotherapy College, Nagpur,...Member.(x)Director of the Board,... Member- Secretary.
3. (3) The Governing Council shall meet every three months in a year.

A person shall be disqualified for being appointed or nominated as, or for continuing as, the Chairman or a member of the Board or any Committee constituted under this Act,-

1. (a) if he directly has any share or interest in any work done by order of, or in any contract entered into on behalf of, the Board ;
2. (b) if he is a person against whom an order for removal from office has been made under section 12 : Provided that, a person against whom such order is made, shall not be deemed to have been disqualified under this clause, if five years, or such lesser period as the Government may specify, has elapsed from the date of his removal from office.

All casual vacancies in the office of the members of the Board, Governing Council or any Committee constituted by the Board shall be filled in as soon as may be, by nomination or appointment, as the case may be; and the person nominated or appointed in a casual vacancy shall hold office so long only as the member in whose place he is nominated or appointed would have held, if the vacancy had not occurred.

A member of the Board, except the ex officio member, may resign his office at any time by tendering his resignation in writing to the Chairman of the Board or the President of the Governing Council, as the case may be; and such member shall be deemed to have vacated his office as soon as the resignation is received and accepted by the Government.

1. (1) The Government may, on the recommendation of the Board, and after making such further inquiry as it may think fit, by order remove any member of the Board or any Committee thereof, if such member,-
   • (a) has been convicted by a Court in India for any offence involving moral turpitude ; or
   • (b) is an un-discharged insolvent ; or
   • (c) has been declared as a person with disability and certified as being unable to discharge the functions of the Board or as the case may be, the Committee by such medical authority as the Government may specify ; or
   • (d) is of unsound mind and stands so declared by a competent Court ; or
   • (e) is acting in a way detrimental to the aims and objects of the Board : Provided that, no such recommendation shall be made by the Board or no order shall be made under clause (e), unless he has been given a reasonable opportunity of showing cause why such recommendation or order should not be made.
2. (2) The Government may, suo motu, by order remove any nominated member of the Board or any Committee thereof, whose activities are, in the opinion of the Government, detrimental to, or obstruct, the proper functioning of the Board or of any Committee thereof : Provided that, no member shall be removed from office unless such member has been given a reasonable opportunity of showing cause why such order should not be made against him.
3. (3) Notwithstanding anything contained in sub-sections (1) and (2), the nominated member of the Board shall hold office during the pleasure of the Government and may be removed at any time before the expiry of their term of office.

1. (1) The Board shall meet at least twice in every month.
2. (2) The Chairman of the Board may at any time if the exigencies so demand, upon a written request made by not less than one-third of the total number of members of the Board, call a special meeting of the Board on a date not later than twenty-one days after receipt of such request by the Chairman.

If the Chairman or member of the Board or any Committee thereof becomes subject to any of the disqualifications mentioned in section 9, his office shall thereupon be declared vacant by the Government.

If a member appointed or nominated to the Board remains absent, without permission of the Board, for three consecutive meetings thereof, his office thereupon shall become vacant, and shall be so declared by the Chairman.

In case of any dispute as to whether the office of the Chairman or a member has become vacant under section 14 or 15, the same shall be referred to the Government and the decision of the Government in the matter shall be final.

No act or proceedings of the Board or any Committee thereof shall be invalid merely by reason of any vacancy in, or any defect in the constitution of, such Board or Committee.

The Board may invite any person who in its opinion is an expert in the field of education or any officer of the Government to attend its meeting or of its Committees, if the subject with which the expert or officer is concerned is likely to come up for discussion or consideration at such meeting.

1. (1) The Board shall constitute the following Committees, namely:-
   • (a) Academic Committee ;
   • (b) Finance Committee ;
   • (c) Course Committees, not exceeding 20 ;
   • (d) Equivalence Committee ;
   • (e) Special Committee.
2. (2) The Board may constitute such other Committees as it thinks necessary for efficient performance of its functions.
3. (3) The number of members of every Committee constituted by the Board, the term of office of its members and the duties and functions to be discharged by it shall be such as may be prescribed.

1. (1) The Board shall take over and employ such of the existing staff on the date of the establishment of Maharashtra Nursing Council, such as Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, Systems Analysts, Finance Officers and Accounts Officers and serving for the purpose of the Maharashtra Nursing Council constituted under the Maharashtra Nurses Act, 1966 (Mah. XL of 1966) (hereinafter referred to as "the existing Council"), as the State Government may direct, and every person so taken over and employed shall be subject to the provisions of this Act and the regulations made thereunder: Provided that,-
   • (a) such staff gives option, within the prescribed time limit to continue in the services of the Board ;
   • (b) during the period of such employment, all the matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of services of the members of the said staff shall be regulated by the Maharashtra Civil Services Rules or such order as may, from time to time, be made by the Government ;
   • (c) any such employee shall have right of appeal to the Government against the order of rejection, dismissal or removal from service, fine or any other punishment.
2. (2) Permanent employees of the existing Council if exercises option in favour of the Government Service, they shall be absorbed within a period of two years under the Directorate of Medical Education and Research in any of its offices or colleges or schools of nursing or Government Hospitals where vacancy exists under the Directorate of Medical Education and Research.
3. (3) All expenditure which the existing Council may have incurred before the appointed day in connection with any of the purposes of the existing Council, which are the objects and purposes for which the Board is constituted, shall be deemed to be advanced towards capital expenditure by the Government to the Board on that date, and all assets acquired by such expenditure shall vest into the said Board.
4. (4) All property, movable or immovable, and all rights, and interests of whatsoever kind, and powers and privileges of the existing Council necessary for the achievement of objects and purposes of the Board shall stand transferred and shall vest in the Board and be applied for the objects and purposes for which the Board is constituted.
5. (5) All obligations incurred, all contracts entered into and all matters and things engaged to be done, before the first constitution of the Board by, with or for, the State Government or the existing Council for any of the purposes of this Act, in respect of any scheme for the promotion of the nursing and Paramedical Education in the State of Maharashtra shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board and accordingly, all claims made, or suits or legal proceedings instituted or which might have been instituted by or against the State Government or the existing Council, as the case may be, be continued or instituted by or against the Board.

1. (1) The Board shall have the Registrar who shall be appointed by the Government.
2. (2) The Registrar shall, subject to the control of the Chairman, be the Executive Officer of the Board, and all other officers and servants, for the time being, serving under the Board shall be subordinate to him.
3. (3) The Registrar shall be entitled to be present at the meetings of the Board and shall be Member-Secretary of the Board.
4. (4) The Registrar shall exercise such other powers and perform such other duties as may be made by the regulations.
5. (5) The Government shall appoint the required number of nursing and Paramedical Education staff such as Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, System Analysts, Finance Officers and Accounts Officers for the Board on the recommendation of the Board.
6. (6) A Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, System Analysts, Finance Officers and Account Officers shall exercise such powers and perform such duties of the Registrar as are, respectively assigned to them by the Registrar under the general or special orders.
7. (7) The Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examination, System Analysts, Finance Officers and Accounts Officers appointed under this Act shall be the servants of the State Government and the salaries and allowances and other conditions of service of these officers shall be such as may be determined by the Government.

1. (1) The Board may, with the approval of the Government, appoint such other officers and servants as it considers necessary for the efficient performance of its functions under this Act.
2. (2) The salaries, allowances and other conditions of services of the officers and servants appointed under sub-section (1), shall be such as may be determined by the regulations.